Who can file the Notice of Opposition?

According to Section 21 of the Trademarks Act 1999, ‘any person’ can file the notice of opposition for a Trademark within a period of 4 months from the date of publication in the journal.

What is the time period for filing the Notice of Opposition?

The notice of opposition can be filed within 4 (four) months from the date of publication of mark in the Trade Marks Journal.

What is the time limit for filing a Counter statement?

The counter statement should be filed by the applicant within 2 months from the receipt of notice of opposition.

What are the contents of the notice of opposition?

A notice of opposition shall contain the following things - 1. details of the trademark application against which the opposition is entered 2. Details of the earlier mark or the earlier right on which the opposition is based: 3. Details of the opposing party 4. The Grounds on which the opposition is based.

Is there any government fees to be paid for filing a notice of opposition or counter statement?

Yes, a government fee of Rs. 2700/- is applicable for filing a notice of opposition or counter statement

Trademark Opposition Filing in India

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Introduction

Who can oppose

Benefits

Grounds

Package

Procedure

Documents

Faq

Trademark Opposition Filing in India

Once the applicant files the Trademark application with the Registrar of Trademarks, it goes through various stages. In the initial stage, the Trademark Examiner examines the trademark application and checks whether the trademark qualifies for registration as per the Trademarks Act and Rules.

If the examiner is satisfied that the trademark is eligible for registration, then the applied trademark is published in Trademark Journal for a period of 4 months. Any person who is of the view that the applied trademark does not qualify for a valid registration may raise opposition during this period of 4 months.

The main purpose behind publishing a Trademark in the Journal is to enable any third party to view the trademark and file opposition against the registration of the applied mark. A trademark opposition is generally considered by a person who is of the view that his or her Intellectual Property Rights are violated due to the registration of such applied trademark.

Who can oppose a Trademark Application

According to Section 21 of the Trademarks Act 1999, ‘any person’ can file the Notice of Trademark opposition within a period of 4 months from the date of publication of the trademark in the journal.
The person filing opposition may be a competitor of the applicant, customer or client, member of the general public, society, trust, NGO, etc.
A person who was using the trademark, before the applicant, but has not yet registered the trademark. Also, there is no requirement that the person should be a prior registered trademark owner.
However, it is important to note that trademark opposition filing should be for a bona fide purpose as the opponent and applicant are required to submit evidence in support of their claims at a later stage.

Benefits of Trademark Opposition Filing in India

Protects your brand against the conflicting mark
In a case, where a person has applied for a trademark that is similar and conflicting to your brand name and is likely to cause confusion after registration, then filing a trademark opposition may help your business against the possible confusion.
Protection against violation of public interest
Trademark opposition provides an option to the general public to oppose the registration of any applied trademark if such a brand name is against the public interest.
Protection of goodwill and reputation
Trademark Opposition helps to eliminate fraudulent and dishonest applications filed with the intention to misappropriate the goodwill and reputation of the opponent.

Grounds for Trademark Opposition Filing in India

The applied trademark is confusing/conflicting with other trademarks.
The applied trademark does not contain any distinctive character.
The applied trademark is descriptive in nature.
The mark is likely to hurt the feelings of the people under any basis like religion, race, etc.
The mark is likely to deceive the people.
The mark is contrary and is prevented by the law.
Application for the trademark is made with bad faith.
If the trademark is prohibited under the Emblem and Names Act of 1950.

What does Our Trademark Opposition Filing in India Package Includes?

Consultation and Advisory on the Opposition of trademark
Preparation of Notice of Opposition/Counter-Statement by our Expert Team
Filing of Notice of Opposition/Counter-Statement with Registry
Timely updating the status of Trademark Opposition

Process of Trademark Opposition Filing in India

Filing of Notice of Opposition
File Notice of Opposition within 4 months of the applied mark’s publication in the Trademark Journal using Form TM-O and the required fee. The registry checks the application’s requirements; if met, an opposition notice is sent to the trademark applicant and agent/attorney (if any).
Filing of Counter-Statement
Upon receiving the Notice of Opposition, the Applicant of the trademark is supposed to file the counter-statement to the opposition and submit the same to the Registry within 2 (two) months since the opposition was filed. This again reaches the Registry which makes sure that all the necessary requirements have been met, if yes, the counter statement is forwarded to the opposition party.
If the applicant of the trademark fails to file the counter-statement within 2 months, the application stands abandoned.
Submission of Evidence in Support of Opposition
After receiving the counter-statement, the opponent now has 2 months to submit an affidavit of evidence in support of the grounds of opposition under Rule 45. If the opponent fails to do so within 2 months, the opposition stands abandoned.
Submission of evidence in support of Counter-Statement
Now within 2 months of receiving the evidence of opposition, the applicant is supposed to submit the evidence in support of his counter-statement under Rule 46.
Submission of Evidence in Reply
After receiving the evidence from the applicant under Rule 46, the opponent gets one more chance to submit any type of evidence in support of his opposition application within a period of 1 month.
Hearing by Registrar
Upon receiving opposition notice, counter-statement, and evidence, the Registrar call both parties to a hearing at the Trademark Registry. Parties must confirm their attendance. The Registrar determines trademark registration approval based on the hearing’s outcome.

Documents Required for Trademark Opposition Filing in India

Conflicting Trademark name and application number
PAN Card of Applicant
Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License
Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others
Power of Attorney/Authorization letter

FAQ

How much time is needed to prepare a notice of trademark opposition or counter statement?Chandan Todi2021-09-22T12:49:02+05:30

How much time is needed to prepare a notice of trademark opposition or counter statement?

On an average, it takes 15 to 20 days to prepare and file a notice of trademark opposition or counter statement.

My trademark is not registered in India, can I file an opposition against a trademark that is similar to my brand name?Chandan Todi2021-09-05T12:12:11+05:30

My trademark is not registered in India, can I file an opposition against a trademark that is similar to my brand name?

Yes, you can file an opposition against such a trademark even if you’re trademark is not registered in India.

What is the difference between Notice of Opposition and Counter Statement?Chandan Todi2021-09-16T15:30:18+05:30

What is the difference between Notice of Opposition and Counter Statement?

Notice of opposition is filed by the opponent against the registration of a trademark of an applicant which is published in Trademark Journal and it shall contain details of the opposing parties, details of opposing trademark, and the grounds of opposition. On the other hand, the counter statement is filed by the applicant in response to the notice of opposition which shall contain clause wise counter statement for all the grounds of opposition.

How long does it take for a trademark to be opposed after filing a notice of opposition by the opponent?Chandan Todi2021-09-05T12:11:07+05:30

How long does it take for a trademark to be opposed after filing a notice of opposition by the opponent?

Once the notice of opposition is filed, the Registrar of Trademarks shall mark the status of trademark opposed immediately.

Can a notice of opposition be filed after 4 months of advertisement?Chandan Todi2021-09-05T12:10:45+05:30

Can a notice of opposition be filed after 4 months of advertisement?

No, the time limit for filing notice of opposition for a trademark is 4 months from the date of publication of the mark in the journal. If no opposition is received for registration of trademark then Registrar shall register such trademark and issue a certificate of registration.

What will happen if I don’t reply to the notice of opposition by the counter statement?Chandan Todi2021-09-05T12:08:50+05:30

What will happen if I don’t reply to the notice of opposition by the counter statement?

If the applicant does not reply to notice of opposition via counter statement within the prescribed timeline, then the applicant will be deemed to be admitting the allegation of the opponent, and the trademark application shall be abandoned.

Can hearing before Registrar be adjourned?Chandan Todi2021-09-05T12:03:16+05:30

Can hearing before Registrar be adjourned?

Yes, any party may request an adjournment of the hearing with a reasonable cause at least 3 days before the date of hearing, and the Registrar, if he thinks fit to do so, he may adjourn the hearing and intimate the parties. However, parties shall not be given more than two adjournments and each adjournment shall not be for more than thirty days.

What to do if my trademark is also rejected by Registrar during the Hearing?Chandan Todi2021-09-04T20:51:50+05:30

What to do if my trademark is also rejected by Registrar during the Hearing?

In that case, an applicant can file an appeal before the Intellectual Property Appellate Board (IPAB).

My trademark is opposed by a competitor, what will happen if I don’t file a counter statement and instead file a new trademark application?Chandan Todi2021-09-16T15:32:44+05:30

My trademark is opposed by a competitor, what will happen if I don’t file a counter statement and instead file a new trademark application?

If the counter statement is not filed by the applicant within the prescribed time, then the applied trademark shall be abandoned by the Registrar of Trademarks and the applicant shall lose an opportunity to register his trademark. If applicant files for a new mark there is no surety that the trademark would be accepted, therefore, it is advisable to file a counter statement if the mark is distinctive or not similar to any mark.

Can the Registrar of Trademark put any conditions, amendments, modifications, or limitations before accepting a trademark?Chandan Todi2021-09-04T20:48:33+05:30

Can the Registrar of Trademark put any conditions, amendments, modifications, or limitations before accepting a trademark?

Yes, a Registrar of Trademark may accept a Trademark, subject to such conditions, amendments, modifications, or limitations as he may think fit to impose.

What if a similar name is already registered, will I get a trademark for a similar name?Chandan Todi2023-07-26T19:00:02+05:30

What if a similar name is already registered, will I get a trademark for a similar name?

As per the Trademark law, if you have been using a certain brand name for many years and have built goodwill attached to your name over the years, you can still be granted registration. In other cases, if your brand name is similar to other registered trademarks, it is difficult to get the registration of your brand name.

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